CC RES 2005-144RESOLUTION NO. 2005 -144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION IN
CONNECTION WITH TRAIL REPAIRS AT THE CITY -OWNED FORRESTAL
NATURE PRESERVE.
WHEREAS, in December 1996, the City of Rancho Palos Verdes purchased the
160 -acre parcel referred to as the Forrestal Nature Preserve (Preserve). The property was
purchased with the intent to preserve the site's natural habitat while providing passive
recreational opportunities to the public; and,
WHEREAS, on November 17, 1998, the City Council directed Staff to work with the
City's Recreation and Parks Committee and the Palos Verdes Peninsula Land
Conservancy (PVPLC) to prepare a Management Plan for the Preserve; and,
WHEREAS, on June 5, 2001, the City Council entered into a Management
Agreement with the PVPLC to assist the City in its maintenance responsibilities of the
Preserve. Along with the Management Agreement, the City Council adopted the Forrestal
Management Plan (Plan) with the understanding that the Plan would continue to be
reviewed and updated; and,
WHEREAS, in August 2001, the Forrestal Steering Committee was formed and
comprised of City Staff, a representative from the PVPLC, and individuals representing
specific points of views, such as a local homeowner's association, an equestrian
representative, a natural resources /habitat representative, and a trail expert/off-road
bicyclists. The Steering Committee was assigned with the task of reviewing and
implementing the Forrestal Management Plan; and,
WHEREAS, on December 4, 2004, the Forrestal Steering Committee proposed
recommended amendments to the Forrestal Management Plan to the City Council. The
recommended amendments included, but was not limited, to the Trails Network Plan that
identified the trail routes and uses at the Preserve; and,
WHEREAS, after reviewing the Steering Committee's recommended amendments
and considering public testimony, at the December 4, 2004 meeting, the City Council
identified specific trail routes as being potentially unsafe for multiple uses (pedestrian,
equestrian, and bicycle) because of their current condition. Understanding that these trail
routes have been used for years by multiple user groups, the Council felt that the City's
official trails map should err on public safety rather than historic use. The Council also
recognized that the unsafe trail routes could be repaired. The Council directed Staff to
prepare the necessary studies and reports to repair the unsafe trail routes; and,
WHEREAS, on March 15, 2005, the City Council adopted an amended Forrestal
Management Plan. Included in the adoption of the Management Plan was the final Trails
Network Plan that incorporated the changes made to the trail routes and uses by the
Council at it December 4, 2004 meeting; and,
WHEREAS, on July 19, 2005, the City Council affirmed the Trails Network Plan
adopted at its March 15, 2005 meeting and approved minor modifications to the alignment
of two specific trails routes (L11 and A16); and,
WHEREAS, on August 10, 2005, the PVPLC submitted a proposal to repair specific
trail routes at the Forrestal Nature Preserve. The proposed repairs are to correct
deficiencies to specific trail routes identified by the City Council at its December 4, 2004
meeting and to repair trails that were damaged as a result of the heavy rains in 2004/2005;
and,
WHEREAS, on October 25, 2005, Dudek and Associates was hired by the PVPLC
to prepare a biological report that assesses the potential impacts to biological resources
from the implementation of the proposed trail repairs. On November 28, 2005, the final
draft of the biological report was submitted to the _City of Rancho Palos Verdes; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ( "CEQA "), the State CEQA Guidelines,
California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined
that, there is no substantial evidence that the approval of the Trails Repair project at the
Forrestal Nature Preserve would result in a significant adverse effect on the environment.
Accordingly, a Draft Mitigated Negative Declaration has been prepared and notice of that
fact was given in the manner required by law; and,
WHEREAS, the Initial Study was prepared and distributed for circulation and review
from December 1, 2005 through December 20, 2005; and,
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the City Council, and prior to taking action on the proposed Trails Repair Project, the City
Council independently reviewed, considered and adopted the Mitigated Negative
Declaration and determined that the document was prepared in compliance with the
requirements of CEQA and local guidelines, with respect thereto; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the City Council of the City of Rancho
Palos Verdes held a public hearing on December 20, 2005, at which time all interested
parties were given an opportunity to be heard and present evidence; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed Trails Repair Project, which involves the widening
and /or realignment of existing trail routes, the installation of water control devices (water
bars or drainage dips), the installation of a footbridge, and in some cases, closing duplicate
and redundant trails (Dauntless and Packsaddle Trails) to the following trail segments: 1)
Pirate Trail; 2) Lower Cristo Que Viento Trail; 3) Crystal Trail; 4) Packsaddle Trail; 5) Flying
Mane Trail; 6) Red Tail Trail; 7) Vista Point Trail; 8) Intrepid Trail; 9) Dauntless Trail; and,
Resolution No. 2005 -144
Page 2 of 4
10) Mariposa Trail. These trails routes are all within the Preserve and were previously
identified by the City Council as warranting some level of repair to correct deficiencies for
the public's benefit. The City Council finds that the proposed trails repairs project is in
compliance with the land use designation and consistent with the intent of the Preserve, to
provide the public with passive recreational opportunities while preserving the surrounding
environment. In making this finding, the City Council considered the project's mitigation
measures that address the issues of Biological Resources.
Section 2: The proposed project will not alter the location, distribution, density, or
growth rate of the human population in the area above what is forecast in adopted City
plans and policies, nor will the project affect existing housing, or create a demand for
additional housing. The project will not create a significant additional demand for fire or
police protection, maintenance of public facilities (including roads), or other governmental
services. The project will not result in the need for new systems, or substantial alterations
to utilities, including power or natural gas, communication systems, water, sewer or septic
tanks, storm water drainage, or solid waste disposal. Furthermore, the proposed project will
not result in an increase in population, thereby warranting new recreational facilities. The
project involves repairs to existing trails within the Preserve for the public's benefit.
Section 3: The City Council finds that the proposed project will not result in
significant adverse affects to topography; destruction, covering, or modification of unique
geologic or physical features; impacts to archeological or paleontological resources; or
expose persons to seismic ground failure, landslides, or other known hazards; or create a
wasteful or inefficient use of the energy already being consumed on the site.
Section 4: The proposed project will not result in transportation, use, or disposal
of hazardous material. Although the project site is located within an area identified by the
Los Angeles County Fire Department as a High Fire Hazard Area, the trail repairs will not
result in impacts that expose people or structures to wildland fires. Furthermore, the
proposed repairs will not occur during the high fire season. Therefore, the City Council
finds that there will be no environmental impacts resulting from the project to hazards and
hazardous materials.
Section 5: The proposed project will not change the current, the course or the
direction of water movements in either marine or fresh waters, since the project site is not
located in such a setting. The project involves the installation of water control devices,
such as water bars and drainage dips, to protect against erosion of existing trails, but will
not change waterflows in canyons or stream beds. As such, the City Cou.ncil finds that the
proposed project, in terms of hydrology and water patterns will not significantly impact the
surrounding environment.
Section 6: The City Council finds that the proposed project, that involves repairs
to existing trails within the City -owned Forrestal Nature Preserve, will not create substantial
impacts to circulation patterns, parking capacity, or traffic congestion.
Section 7: Although the construction of the proposed project is anticipated to
generate noise levels uncommon to the surrounding environment, such noise will be
temporary in nature, and the.City has imposed conditions, in accordance with the City of
Resolution No. 2005 -144
Page 3 of 4
Rancho Palos Verdes' Municipal Code, that limits construction between the hours of 7:00
a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on
Sundays and legal holidays (as identified in the City's Municipal Code). As such, the City
Council finds that the mitigation measures imposed will ensure that noise levels do not
adversely impact surrounding properties.
Section 8: The proposed project involves repairs to existing trails located at the
Forrestal Nature Preserve. The repairs will not adversely impact views taken from the
Preserve nor views of the preserve from major arterial roads or viewing corridors. As such,
the City Council finds that the proposed project will not result in adverse aesthetic impacts.
Section 9: For reasons discussed in the Initial Study, which is incorporated herein
by reference, the project will not have any potential to achieve short -term, to the
disadvantage of long -term, environmental goals, nor would the project have impacts which
are individually limited, but cumulatively considerable.
Section 10: The mitigation measures set forth in the Mitigation Monitoring
Program, Exhibit "A ", attached hereto, are incorporated into the scope of the proposed
project. These measures will reduce those potential significant impacts identified in the
Initial Study to a less than significant level.
Section 11: For the foregoing reasons and based on the information and findings
contained in the staff reports, minutes, and evidence presented at the public hearings, the
City Council of the City of Rancho Palos Verdes hereby approves a Mitigated Negative
Declaration, based on the City Council's independent review and determination that the
document was completed in compliance with the requirements of the California
Environmental Quality Act and Sate and local guidelines with respect thereto.
PASSED, APPROVED, and ADOPTED this 20th day of December 2005.
Attest:
t it X'm
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
Mayor
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2005 -144 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on December 20, 2005.
AW
"Z i`�fNT►`L We 1
Nfl�,'Clerk
Resolution No. 2005 -144
Page 4 of 4
Exhibit A
Mitigation Monitoring Program
Project: Forrestal Nature Preserve Trails Repair Project.
Location: Forrestal Nature Preserve, Rancho Palos Verdes, CA 90275
Applicant/: City of Rancho Palos Verdes
Landowner
TABLE OF CONTENTS
I. Introduction ............................................................................................................ ............................... 2
II. Management of the Mitigation Monitoring Program .............................................. ............................... 3
Rolesand Responsibilities .................................................................................... ............................... 3
Mitigation and Monitoring Program Procedures .................................................... ............................... 3
MitigationMonitoring Operations ........................................................................... ............................... 3
III. Mitigation Monitoring Program Checklist ............................................................... ............................... 5
IV. Mitigation Monitoring Summary Table ................................................................... ............................... 6
Mitigation Monitoring Program
Resolution No. 2005 -144
Exhibit A - Page 1
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP), which is to allow trail repairs at the City -owned Forrestal Nature
Preserve responds to Section 21081.6 of the Public Resources Code. Section 21081.6, which requires a lead
or responsible agency that approves or carries out a project where a Mitigated Negative Declaration has
identified significant environmental effects, to adopt a "reporting or monitoring program for adopted or required
changes to mitigate or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as
lead agency for the project.
An Initial Study and Mitigated Negative Declaration was prepared to address the potential environmental
impacts of the project. Where appropriate, this environmental document recommended mitigation measures to
mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a
mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under
the jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated
Negative Declaration.
ENVIRONMENTAL PROCEDURES
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as
amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of
CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP
complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for
implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a)
of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project
which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on
the environment. The reporting or monitoring program shall be designed to ensure compliance during project
implementation. For those changes which have been required or incorporated into the project at the request of
an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so
requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program."
Mitigation Monitoring Program
Resolution No. 2005 -144
Exhibit A - Page 2
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre -trail
construction, and construction. The City will have the primary enforcement role for the mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification.
The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, 'the
Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the
method of verification of compliance; the timing of verification; the department or agency responsible for
implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established,
organized, and retained by the City of Rancho Palos Verdes Department of Planning, Building, and Code
Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of
Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification
section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when
the monitoring of a mitigation measure is completed.
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each mitigation
measure:
1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
designate a party responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide
to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist
indicating the mitigation measures for which the person is responsible and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Monitoring Milestone
column of the MMP Checklist for the appropriate mitigation measures.
Mitigation Monitoring Program
Resolution No. 2005 -144
Exhibit A - Page 3
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase,
unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of
Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another
City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation
measures are refined, the Director of Planning, Building, and Code Enforcement would document the change
and shall notify the appropriate design, construction, or operations personnel about refined requirements.
Mitigation Monitoring Program
Resolution No. 2005 -144
Exhibit A - Page 4
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho
Palos Verdes on December 20, 2005. Mitigation measures are listed in the order in which they appear in the
Initial Study.
Monitoring and Reporting Action indicates when the measure should be monitored and
reported.
Party Responsible for Mitigation indicates who is responsible for implementation.
Enforcement Agency /Monitoring Agency /Monitoring Milestone indicates what agency is
responsible for enforcing the measure, and provides space for future reference and notation that
compliance has been monitored, verified, and is consistent with these mitigation measures.
Mitigation Monitoring Program
Resolution No. 2005 -144
Exhibit A - Page 5
MITIGATION MONITORING PROGRAM FOR
THE TRAILS REPAIR PROJECT AT THE FORRESTAL NATURE PRESERVE
Mitigation Measures
Monitoring and
Reporting
Action
Party
Responsible
for Mitigation
Enforcement Agency/
Monitoring Agency/
Monitoring Milestone
6. Biological Resources
B1O -1
Pursuant to the NCCP, mitigation shall be in the form of
a 3:1 ratio. Since the impacts are assessed at 0.17
acres, mitigation shall be at 0.51 acres. According to
the NCCP, impacts resulting from new trails, trail
maintenance or trail realignment and erosion repair
shall be mitigated as part of the impacts contemplated
City of Rancho Palos
for the implementation of the City's Conceptual Trails
Prior to trail construction
Verdes
City PBCE
Plan. As such, since the trails within the Forrestal
Nature Preserve are a part of the City's Conceptual
Trails Plan and the NCCP contemplates 5 acres of
impacts due to trail related improvements, as mitigation,
the impacts resulting from the trail repair project have
been mitigated through the dedication of 15 acres out of
a total of 309.8 acres of City owned land into the NCCP
Preserve as described in the Council approved NCCP
Subarea Plan.
Mitigation Monitoring Program - Checklist
Resolution No. 2005 -144
Exhibit `A' —Page 6
MITIGATION MONITORING PROGRAM FOR
THE TRAILS REPAIR PROJECT AT THE FORRESTAL NATURE PRESERVE
Mitigation Measures
Monitoring and
Party
Enforcement Agency/
Reporting
Responsible
Monitoring Agency/
Action
for Mitigation
Monitoring Milestone
BI0-2
In the event there are unforeseen delays and the trail
Prior to trail construction
repair activities need to extend into the bird breeding
p
during the bird breeding
City of Rancho Palos
season (February 14 through August 31), no work that
season.
Verdes
City PBCE
could impact p otential habitat shall be conducted
without bird nesting surveys to ensure that sensitive bird
species will not be impacted by project implementation.
1310 -3
Impacts to the Catalina mariposa lily and the western
City of Rancho Palos
dichondra shall be avoided where feasible by
During site preparation
Verdes
City PBCE
implementing trail repairs on the side of the trails away
and trail construction
from where those species are present.
1310-4
Erosion control devices shall be placed and situated in
Prior to completing the
p g
City of Rancho Palos
a manner that directs water run -off into areas and
trail repairs.
Verdes
City PBCE
slopes that are not prone to erosion.
p p
Mitigation Monitoring Program - Checklist
Resolution No. 2005 -144
Exhibit `A' —Page 7